…………………. College, …………………..
No…………………….. / Dated, .......
ELECTION NOTIFICATION –PRESIDENTIAL MODE
Sub: - Election to ………………. College Union 2014-15 – reg.
Ref: - Letter No...... /Elen dated ...... /2015 of the Registrar, Mahatma Gandhi University.
In compliance with the directions issued by the Mahatma Gandhi University, it is hereby notified under Clause 5 of the Rules for the Conduct of Elections to College Unions contained in the Constitution for College Unions as per Presidential mode that an election will be held to elect the following office bearers and members of the executive committee of the ………………….. ………………………. College Union 2014 - 15.
Sl. No. / Name of Post /No. of Seats
1. / The Chairman / 12. / The Vice-Chairman[1] / 1
3. / The General Secretary / 1
4. / The Councillor(s) to the University Union[2] / 1 or 2
5. / The Editor of the College Magazine / 1
6. / The Arts Club Secretary / 1
7. / Representatives / 1 each for each year
8. / Lady Representatives[3] / 2
The office bearers mentioned at Sl. Nos. 1, 2, 3, 4, 5 and 6 are to be elected by and from the entire student community of the college. However, the election to the post of Vice-Chairman (Sl.No.2) shall be elected by the entire student community of the college from among the lady students as far as mixed colleges concerned.
Representatives (Sl.No.7) are to be elected by and from among the students of each year of the Degree and Post-Graduate Courses.
Lady Representatives (Sl.No.8) are to be elected by and from among the woman students of the college. (Only in mixed Colleges).
The following is the schedule for the election.
Schedule of Election
Sl.No. / Programme / Date1 / Date of Notification / 14/01/2015
2 / Date of Publication of Electoral Roll / 15/01/2015
3 / Last date and hour for filing complaints regarding the Electoral Roll / 16/01/2015, 12.00 noon
4 / Publication of the Final Electoral Roll / 16/01/215, 4.00 pm
5 / Last Date and Hour for receipt of Nomination / 20/01/2015, 2.00 pm
6 / Scrutiny of Nomination / 20/01/2015, 2.05 pm
7 / Publication of the list of valid Nominations / 20/01/2015
8 / Withdrawal of candidature / 21/01/2015, 11.00 am
9 / Publication of the final list of candidates / 21/01/2015, 4.00 pm
10 / Polling / 28/01/2015, 10.00 am to 1.00 pm
11 / Scrutiny & Counting of Votes / 28/01/2015, 2.00 pm onwards
Only those full-time regular students whose names are on the Electoral Roll are eligible to take part in the election. Requests, if any, for making any correction, alteration or deletion in the Electoral Roll shall be submitted to the Returning Officer within the time limit fixed.
The eligibility criteria for contesting the election have been prescribed in Clause 4 annexure of the Rules for the Conduct of Elections to College Unions. Every elector shall be at liberty to nominate a qualified student to fill up a vacancy. Every nomination shall be in the prescribed form and shall be made by an elector in writing, and shall be seconded by another elector. Every such nomination shall be accompanied by the consent of the nominee agreeing to serve on the College Union, if elected. The candidate shall furnish the required declarations on the Nomination Paper and then obtain the verification report from the concerned Head of the Department on the Nomination Paper. The Nomination paper in sealed covers must be caused to be deposited in the box kept by the Returning Officer in his office on or before 2.00 p.m. on
20/01/2015. Specimen of the Nomination Paper is available in the Office of the Returning Officer.
Any candidate may withdraw his/her candidature by notice in writing signed by him/her and delivered in person or through messenger to the Returning Officer on or before 2 p.m. on 21-01-2015. Withdrawal once made shall be final.
The candidates or their agents, if any, appointed in writing and approved by the Returning Officer alone shall be permitted to be present on the occasions of scrutiny of nominations, polling and scrutiny and counting of votes.
The Identity Cards shall be produced on the above occasions and while turning up for voting.
The Honourable Supreme Court of India have perused the Report of the Committee, headed by Mr. J. M. Lyngdoh, former Chief Election Commissioner, constituted by the Ministry of Human Resource Development, Government of India for making recommendations and suggestions relating to the Students’ Union Elections in terms of the order of the Supreme Court dated 12.12.2005. The Supreme Court have accepted the recommendations as an interim measure and directed to implement the recommendations subject to such modifications indicated therein. The recommendations have been incorporated as a part of the order. The Supreme Court have also made it clear that the recommendations made, which the court have accepted to be adopted as an interim measure, shall be followed in all College/University Elections, to be held hereinafter, until further orders. The full text of the verdict of the Supreme Court is reproduced hereunder and forms part of this election notification. All the recommendations made by the committee and accepted by the Supreme Court are applicable to this election.
The directives of the Supreme Court in SLP No 24295/2004 shall be supplementary to the clauses contained in the Constitution for College Unions/Constitution for University Departments Unions and the Rules for the conduct of elections to college Unions/Departments Students Union contained therein. Wherever there is inconsistency between the directives of the Honourable Supreme court and the clauses contained in the “Constitution for college / Department students unions”, the directives of the Supreme court shall prevail.
ITEM NO.6 COURT NO.5 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).24295/2004
(From the judgement and order dated 24/06/2004 in WP No. 30845/2003
of The HIGH COURT OF KERALA AT ERNAKULAM)
UNIVERSITY OF KERALA
Petitioner(s)
VERSUS
COUNCIL, PRINCIPALS’, COLLEGES, KERALA &ORS
Respondent(s)
(With prayer for interim relief and office report)
WITH SLP(C)NO. 24296-24299 of 2004
(With prayer for interim relief and office report)
Date: 22/09/2005 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ARIJIT PASAYAT
HON'BLE MR. JUSTICE LOKESHWAR SINGH PANTA
For Petitioner(s) Mr. R. Sathish,Adv.
For Respondent(s) Mr. Gopal Subramaniam, A.S.G.
Union of India Mr. Abhishek Tewari,Adv.
Mr. P. Parmeswaran,Adv.
Mr. E.M.S. Anam,Adv.
Mr. K.R. Sasiprabhu,Adv.
Mr. G. Prakash,Adv.
Mrs. Beena Prakash,Adv.
Mr. K.D. Dileep Kumar,Adv.
Mr. T.G.Narayanan Nair,Adv.
Mr. M.P. Vinod,Adv.
Mr. Ajay K. Jain,Adv.
Mr. Sajith P.,Adv.
Mr. M.K. Michael,Adv.
Mr. S.M. Jadhav,Adv.
Mr. K. Rajeev,Adv.
Mr. M.K.D. Namboodiri,Adv.
UPON hearing counsel the Court made the following
O R D E R
Heard.
We have perused the Report of the Committeeconstituted by the Ministry of Human Resource Development,Government of India in terms of the order of this Court dated 12.12.2005. The Committee headed by Mr. J.M. Lyngdoh has submitted the Report making recommendations and suggestions relating to Students' Union Elections. We are, prima-facie, of the view that the recommendations need acceptance and as an interim measure, we direct the following recommendations to be implemented, subject to such modifications indicated hereinafter. The recommendations are:-
"6.1.1 Universities and colleges across the country must ordinarily conduct elections for the appointment of students to student representative bodies. These elections may be conducted in the manner prescribed herein, or in a manner that conforms to the standards prescribed herein.
6.1.2 Where the atmosphere of the university campus is adverse to the conduct of peaceful, free and fair elections, the university, its constituent colleges and departments must initiate a system of student representation based on nominations, especially where elections are being held at present. It would be advisable, however, not to base such nomination system on purely academic merit, as is being practiced throughout the country.
6.1.3 In cases where elections are not being held, or where the nomination model prevails, the nomination model should be allowed to continue for a limited period of time. It is to be noted that the nomination system suffers from several flaws, and must only be restored to as an INTERIM MEASURE.
6.1.4 Subject to the recommendations in respect of the possible model of elections, all institutions must over a period of 5 years, convert from the nomination model to a structured election model, that may be based on a system of parliamentary (indirect) elections, or on the presidential (direct) system, or a hybrid of both. It is highly desirable that all institutions follow this mechanism of gradual conversion, especially for privately funded institutions that prefer a status quo situation.
6.1.5 All institutions must conduct a review of the student representation mechanism. The first review may be conducted after a period of 2 years of the implementation of the mechanism detailed above, and the second review may be conducted after the 3rd or the 4th year of implementation. The primary objective of these reviews will be to ascertain the success of the representation and election mechanism in each individual institution, so as to decide whether or not to implement a full-fledged election structure. Needless to say these reviews will be based on a consideration of the views and suggestions of all stakeholders, such as students, faculty, administration, student bodies, and parents.
6.1.6 Institutions must, as a primary objective, subject to the pertinent issue of discipline on campus, seek to implement a structured system of student elections by conclusion of a period of 5 years from the date of the implementation of the recommendations.
6.1.7 Subject to the autonomy of the universities in respect of the choice of the mode of election, all universities must institute an apex student representative body that represents all students, colleges, and departments coming under the particular university. In the event that the university is geographically widespread, individual colleges may constitute their own representative bodies, which would further elect representatives for the apex universities body.
6.1.8 The union/representative body so elected shall only comprise of regular students on the rolls of the institution. No faculty member, nor any member of the administration shall be permitted to hold any post on the executive of such representative body, nor shall be allowed to be a member of any such representative body.
6.2 Modes of Elections
6.2.1 A system of direct election of the office bearers of the student body, whereby all students of all constituent colleges, as well as all students of university departments vote directly for the office bearers. This model may be followed in smaller universities with well-defined single campuses (for e.g. JNU/University of Hyderabad, and with a relatively smaller student population. A graphic representation of this model is annexed herewith at Annexure IV-A. In respect of universities with large, widespread campuses and large student bodies either of the following models may be adopted.
6.2.2 A system of elections, where colleges and campuses directly elect college and campus office bearers, as well as university representatives. The university representatives form an electoral college, which shall elect the university student union office bearers. A graphic representation of this model is annexed herewith at Annexure-IV-B.
6.2.3 A system of elections where on one hand, directly elected college and campus office bearers, as well as university representatives. The university representative form an electoral college, which shall elect the university student union office bearers. A graphic representation of this model is annexed herewith at Annexure IV-B.
6.2.3 A system of elections where on one hand, directly elected class representative elect the office bearers of the college as well as the university representatives, and the campus itself directly elects the campus office bearers and the university representatives. The university representatives shall form an electoral college, which shall elect the office bearer of the university student union. A graphic representation of this model is annexed herewith at Annexure IV-C.
6.2.4 A system of election wherein class representatives shall be directly elected in the colleges and universities campus and they in turn shall elect the office bearers for the college unions and the university campus union. Also they shall elect their representatives for university student union. These elected representative from colleges and university campus shall form the Electoral College, which shall elect the office bearers of the university student union. This model shall be applicable to large university with large number of affiliated colleges. A graphic representation of this model is annexed herewith at Annexure IV-D. 6.3 Disassociation of Student Elections and Student Representation from Political Parties.
6.3.1 During the period of the elections no person, who is not a student on the rolls of the college/university, shall be permitted to take part in the election process in any capacity. Any person, candidate, or member of the student organisation, violating this rule shall be subject to disciplinary proceedings, in addition to the candidature, as the case may be being revoked.
6.4 Frequency and Duration of Election Process
6.4.1 It is recommended that the entire process of elections, commencing from the date of filing of nomination papers to the date of declaration of results, including the campaign period, should not exceed 10 days.
6.4.2 It is further recommended that elections be held on a yearly basis and that the same should be held between 6 to 8 weeks from the date of commencement of the academic session.
6.5 Eligibility Criteria for Candidates
6.5.1 Under graduate students between the ages of 17 and 22 may contest elections. This age range may be appropriately relaxed in the case of professional colleges, where courses often range between 4 to 5 years.
6.5.2. For Post Graduate Students the maximum age limit to legitimately contest and election would be 24 - 25 years.
6.5.3 For research Students the maximum age limit to legitimately contest an election would be 28 years.
6.5.4 Although, the Committee would refrain from prescribing any particular minimum marks to be attained by candidate, the candidate should in no event have any academic arrears in the year of contesting the election.